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quesHusband kept children in US and sent wife back to India. What to do?

my sis got married in 2009 in india. then she went to usa. wat happened is her husband harrased her for 4years & she do have 2 kids but he kept her kids there & thrown her out in 2013. now situation is this that she is now in india. what can we do to get the custody of the children as all of them are in US. Should we go and file a case in US or filing a case in india?

  • ans

    You should file a case in India first and have him summoned, specially if the husband is an Indian Citizen.

    The marriage is governed by Indian Law and the Custody Laws of India will apply to your Sisters marriage.You can also file a harassment case against him in the US. 

    If the kids are less than 8 years then your sister can claim the custody by filling case in india.

    You can file criminal complaint for dowry and harassment under domestic violence act to create pressure upon the husband. Send summons where the husband is working and the American embassy here in india ,the husband will give the custody and will compromise .

    You can file divorce proceedings in india since the marriage was solomonised in india .

  • ansU can file the case in ndia

    Advocate M S Hussain

      District Court, Saket, Delhi

  • ansYou should file a case in India first and have him summoned, specially if the husband is an Indian Citizen. The marriage is governed by Indian Law and the Custody Laws of India will apply to your Sisters marriage.You can also file a harassment case against him in the US.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansI need to know how old are the kids,if they are less than 8 years then your sister can claim the custody by filling case in india.you can. File criminal complaint for dowry and harassment under domestic violence act to create pressure upon the husband. Send summons where the husband is working and the American embassy here in india ,the husband will give the custody and will compromise . You can. Also file divorcee proceedings in india since the marriage was solomonised in india .

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Child Custody Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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